The

cite the State before the Judiciary. decree, being final, implies too a power of coercion. Suppose this coercion to be resisted by force, that force becomes treason, which is thus defined by the Constitution :—

"Treason against the United States shall consist in levying war against them, or in adhering to their enemies, giving them aid and comfort."

We conclude therefore that the Constitution, by the powers given to its Judiciary, has reduced the sovereign States into something less than sovereign municipalities-merging them all into one great Republic.

96

VII.

POWERS OF CONGRESS.-TAXATION AND

COMMERCE.

The Congress shall have power

ARTICLE I.

SECTION VIII.—1. To lay and collect taxes, duties, imposts, and excises; to pay the debts, and provide for the common defence and general welfare of the United States. But all duties, imposts, and excises shall be uniform throughout the United States:

2. To borrow money on the credit of the United States: 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes:

4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States:

5. To coin money, regulate the value thereof, and of foreign coin; and fix the standard of weights and measures:

6. To provide for the punishment of counterfeiting the securities and current coin of the United States:

7. To establish post-offices and post-roads :

8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries :

SECTION IX.-1. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one

thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

5. No tax or duty shall be laid on articles exported from any State.

6. No preference shall be given by any regulation of Commerce or revenue to the Ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.

SECTION X.-1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal ; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

2. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Congress,

WE have here selected from the Constitution those clauses by which the people have confided to Congress powers to levy taxation and regulate commerce. Some of these are held concurrently with similar powers retained by the several States. Thus, for example, a State can levy taxes, but only locally and for

H

local purposes; can borrow money, but only on its own credit; can regulate its internal trade; can establish a bankrupt law for its own subjects. But with Congress exclusively rests the regulations of commerce with foreign nations, between the several States, and with the Indian tribes, though dwelling within a State; uniform laws of naturalization; the postal service; and patent rights.

The surrender of State sovereignty is very completely shown by the exclusive powers given to the National Government to regulate commerce. Under the Confederation these powers were retained by the States. At the close of the war Congress applied to each of them for authority to make foreign commercial treaties. Some refused; while others conceded it with conditions so impracticable that no action could be taken. The evil became so intolerable, that Virginia placed it as one of the leading purposes of the constitutional convention, and so it was considered in its deliberations.2 The duties of that Convention were twofold, viz., to consider "the great objects for

Hist. of the Constitution, CURTIS, ii. 298. ' Idem, ii. 12.

which the Federal Government was instituted," and "the exigencies of the Union." Taxes for the national defence and the general welfare must be classed among the former; the complete power to regulate commerce, among the latter.

The attempt has been made by Mr. Spence and others to justify the present rebellion of the Southern States, on the plea that American tariffs have been unconstitutional. It has been urged that Congress had no power to impose duties for the protection of domestic manufactures; and South Carolina has been pointed out as a State nullifying upon this ground, and to the extent of actual resistance, the tariff act of 1828. It becomes, therefore, important to see what the framers of the Constitution really intended by the words "to regulate commerce," and what the Constitution itself says. The Constitution forbids,

First, Direct taxes not in proportion to population.

Second,--Taxes on exports.

Third,-Any preference of one port over